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  1. #1
    Join Date
    May 2006
    Posts
    2

    Default Probation Violation for Failure To Pay Restitution

    Hi my husband was convicted for felonious assault in 2003 which is his 3rd felony. The judge sentenced him to 6 months in county jail and 2 years on probation and he had to pay restitution while on probation. Well the 2 years have come to a end and he paid 1/2 of the restitution. While on probation he never violated, never missed an appointment with his p.o, took anger management classes which were not required. Well since the 2 years have come to an end and the restitution wasnt paid he received a letter in the mail the last week of April advising him his probation had been violated for failure to pay. Since we received the letter we paid the rest of the restitution. He still has to go to the hearing on Friday my question is since the money has been paid and he has never violated can the judge send him back to jail. Please advise. Also this case is in Michigan, Oakland County if that helps

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Probation Violation for Failure To Pay Restitution

    It sounds like husband has put himself in the best possible position to have the case dismissed, instead of his being violated. It is possible for him to be violated under the circumstances, but if in fact he was fully compliant with probation (other than the restitution) and the restitution is now paid in full, there is a substantial chance that he will be discharged from probation (or at worst have his probation extended). His probation officer's recommendation could make a big difference, so he may wish to contact his probation officer.

  3. #3
    Join Date
    May 2006
    Posts
    2

    Default Re: Probation Violation for Failure To Pay Restitution

    since his probation was originally in another county we dont know if the original probation officer makes the recommendation that counts. Because his current p.o says she will recommend that he be off probation he also has character letters from his employer hopefully that will help

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